BOARD DATE: 1 June 2010
DOCKET NUMBER: AR20090020605
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests his DD Form 214 (Report of Separation From Active Duty) be corrected to add the Korean Defense Service Medal (KDSM).
2. The applicant states the regulation says that anyone serving in Korea after 28 June 1954 is entitled to the KDSM.
3. The applicant provides two of his DD Forms 214.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records show that he was inducted in the Army on 14 October 1954 and was honorably released from active duty on 26 September 1956. He enlisted in the Regular Army on 21 August 1958, served in Korea from 6 May 1960 to 6 June 1961, and was honorably released from active duty on 8 June 1961. He again enlisted in the Regular Army on 20 July 1961 and served continuously until his retirement for years of service on 31 May 1977 in pay grade E-8.
3. The KDSM is authorized to members of the armed forces who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined. The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas.
DISCUSSION AND CONCLUSIONS:
The applicant's records confirm he served in Korea during the time covered by the KDSM. As such, it would now be appropriate to correct his records to add this medal to his DD Form 214.
BOARD VOTE:
___x_____ __x______ ___x__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the KDSM to his DD Form 214 for the period ending on 31 May 1977.
_______ _ __x_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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